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LADY LAWYER
LADY LAWYER, Family Law Attorney
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I have joint legal and physical custody of my son. In a hearing

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I have joint legal and physical custody of my son. In a hearing last month the judge ordered an issue regarding the child. Through case law, I found the Judge is in error, and is not the same as the finding of Michigan Court of Appeal. More than 21 days have passed. Can I file a motion to reopen and reconsider or would a motion to reopen and rescind be better?
The order says that the child can only play particular sports in Port Huron Michigan. Allowing the mother to have the authority to resolve dispute with joint custody concerning whether or where to enroll the child in sports. I found a case on point that the court erred. It is past 21 day right to an appeal and I would like to show the Judge that he erred by a motion to reopen and reconsider. Is there a time limit on motion to reopen? My understanding is there is a time limit on motion to reconsider. How will this effect this motion. Would a motion to reopen and rescind the order be better? Can you point me in the right direction?
Hello,
Thanks for choosing Justanswer.com! I look forward to helping you today. Did the judge actually sign the order yet, thereby making to final?
Hi Leonard,I saw that you viewed my follow up question but haven't heard back from you. I am going to go ahead and answer as if it has been 21 days since the Judge signed and actually entered the final order. Under MCR 2.119(F)(1), "unless another rule provides a different procedure for reconsideration of a decision (see, e.g., MCR 2.604[A], 2.612), a motion for rehearing or reconsideration of the decision on a motion must be served and filed not later than 21 days after entry of an order deciding the motion." At this point, a motion to reopen and reconsider would not be proper as the court would simply treat it like a motion to reconsider and would deny it for being untimely.MI does have an "Objection to Rescind and Modify" but it is for objection to an ex parte motion that has been granted and is not procedurally legitimate with what you are seeking to do here. Simply filing a Motion to Rescind would not be proper and would also be denied. Unfortunately, the time for you to seek a change in the court's order has passed. However, you can seek another modification based on your new argument. Unlike other states, MI does not have time restraints which would keep you from doing so. A change in circumstances would of course have to be asserted in order to bring the motion, but the best you could do here is argue that the change is based on the discovery of the appellate court ruling.If you have any further questions, I am happy to answer them! If not, would you kindly consider a positive rating at this time? It costs you nothing further to do but it is the only way the site will compensate me. Thanks so much!
Customer: replied 3 years ago.
The judge has signed the order.
Okay, thanks. Then my previous answer applies. I will repost in case you did not see it:

Under MCR 2.119(F)(1), "unless another rule provides a different procedure for reconsideration of a decision (see, e.g., MCR 2.604[A], 2.612), a motion for rehearing or reconsideration of the decision on a motion must be served and filed not later than 21 days after entry of an order deciding the motion." At this point, a motion to reopen and reconsider would not be proper as the court would simply treat it like a motion to reconsider and would deny it for being untimely.

MI does have an "Objection to Rescind and Modify" but it is for objection to an ex parte motion that has been granted and is not procedurally legitimate with what you are seeking to do here. Simply filing a Motion to Rescind would not be proper and would also be denied.

Unfortunately, the time for you to seek a change in the court's order has passed. However, you can seek another modification based on your new argument. Unlike other states, MI does not have time restraints which would keep you from doing so. A change in circumstances would of course have to be asserted in order to bring the motion, but the best you could do here is argue that the change is based on the discovery of the appellate court ruling.

If you have any further questions, I am happy to answer them! If not, would you kindly consider a positive rating at this time? It costs you nothing further to do but it is the only way the site will compensate me. Thanks so much!

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